Appointment of the arbitral tribunal Sample Clauses

Appointment of the arbitral tribunal. In any arbitration proceedings instituted in pursuance of this article, each of the Beneficiary and the CEB may be a party. For any dispute submitted for arbitration in pursuance of this article, an arbitral tribunal shall be set up. It shall consist of three arbitrators appointed as follows: one arbitrator shall be appointed by the CEB; a second arbitrator shall be appointed by the Beneficiary;
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Appointment of the arbitral tribunal. In any arbitration proceedings instituted in pursuance of this article, the borrower or the guarantor (if any) may be a party alongside the guarantor or the borrower as the case may be. For any dispute submitted for arbitration in pursuance of this article, an arbitral tribunal shall be set up. It shall consist of three arbitrators appointed as follows: (a) one arbitrator shall be appointed by the Bank; (b) a second arbitrator shall be appointed by the borrower or, where applicable, by agreement between the borrower and the guarantor or, failing such agreement, by the guarantor; (c) a third arbitrator, called the umpire, who shall act as President of the arbitral tribunal, shall be appointed by common consent between the parties or, failing such consent, by the President of the European Court of Human Rights or, should the latter have the nationality of the guarantor or be of the same nationality as the borrower, by the Vice-President of the Court or, if the latter is in the same situation, by the senior of those Judges of the Court who neither have the nationality of the guarantor nor are of the same nationality of the borrower; (d) the procedure described in the preceding paragraph shall take place, at the instance of one of the parties to the dispute, if, within one month after notice has been given of the request for arbitration, no agreement has been reached regarding the appointment of an umpire; (e) where one of the parties appoints no arbitrator, the umpire shall appoint the said arbitrator.
Sample 1
Appointment of the arbitral tribunal. The arbitral tribunal shall be composed of three (3) arbitrators one of whom shall be the presiding arbitrator. The appointing authority shall be the London Court of International Arbitration (the “LCIA”). The LCIA shall appoint all three (3) members of the arbitral tribunal and shall nominate which of them shall act as the presiding arbitrator. In all matters relating to the appointment of arbitrators under this Agreement, each of the Republic and each Agent agrees that the LCIA shall be free to appoint whomsoever the LCIA considers appropriate in the LCIA’s sole discretion, save that the LCIA shall take account of the views of the parties and shall give effect to any agreement of the parties in relation to the appointment of the arbitrators unless the LCIA determines in the LCIA’s absolute discretion that it is not appropriate to do so.
Sample 1
Appointment of the arbitral tribunal. (i) Any arbitral tribunal appointed pursuant to Section 13.12(a) (Option to Refer Disputes to Arbitration) shall be composed of three (3) arbitrators one of whom shall be the presiding arbitrator. The appointing authority shall be the London Court of International Arbitration (the "LCIA"). The LCIA shall appoint all three (3) members of the arbitral and shall nominate which of them shall act as the presiding arbitrator. (ii) In all matters relating to the appointment of arbitrators under this Agreement, the parties hereunder agree that the LCIA shall be free to appoint whomsoever the LCIA considers appropriate in the LCIA's sole discretion, save that the LCIA shall take account of the views of the parties and shall give effect to any agreement of the parties in relation to the appointment of the arbitrators unless the LCIA determines in the LCIA's absolute discretion that it is not appropriate to do so. (iii) In all matters relating to the appointment of arbitrators under this Agreement, the parties hereunder agree that the LCIA shall be free to appoint whomsoever the LCIA considers appropriate in the LCIA's sole discretion, save that the LCIA shall take account of the views of the parties and shall give effect to any agreement of the parties in relation to the appointment of the arbitrators unless the LCIA determines in the LCIA's absolute discretion that it is not appropriate to do so.
Sample 1
Appointment of the arbitral tribunal. 5.1 The Parties shall be at liberty to select any qualified arbitrator or panel of arbitrators from the list of CAA arbitrators set out at xxxxx://xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xx/?page_id=21 in accordance with the appointing provisions in or applicable to the Arbitration Agreement. If there are no CAA arbitrators in your jurisdiction, please contact the CAA. In the absence of any Arbitration Agreement appointing provisions or in the event that one or more of the Parties fails to appoint an arbitrator or panel within the times specified (or within a reasonable period of time if no time is specified), the Appointing Committee shall appoint an arbitrator or panel for the Parties in accordance with the provisions of Rules 5.2 to 5.6. 5.2 If the Parties have not agreed on the number of arbitrators (i.e., one or three), a sole arbitrator shall be appointed. 5.3 Where a sole arbitrator is to be appointed and the Parties have not agreed upon the arbitrator, within five (5) Business Days of the receipt of a Notice of Arbitration or Arbitration Agreement and filing fee by the Canadian Arbitration Association, the Canadian Arbitration Association shall provide the Parties with a list of three potential arbitrators. In the discretion of the Appointing Committee, the list of potential arbitrators may include more than three names. If the Parties are unable to agree on an arbitrator within three (3) Business Days of receipt of the list, each Party may, within a further two
Sample 1
Appointment of the arbitral tribunal. 5.1 The Parties shall be at liberty to select any qualified arbitrator or panel of arbitrators in accordance with the appointing provisions in or applicable to the Arbitration Agreement. In the absence of any Arbitration Agreement appointing provisions or in the event that one or more of the Parties fails to appoint an arbitrator or panel within the times specified or within a reasonable period of time if no time is specified, the Appointing Committee shall appoint an arbitrator or panel for the Parties in accordance with the provisions of Rules 5.2 to 5.6. 5.2 If the Parties have not agreed on the number of arbitrators (i.e., one or three), a sole arbitrator shall be appointed. 5.3 Where a sole arbitrator is to be appointed and the Parties have not agreed upon the arbitrator, within five (5) Business Days of the receipt of a Notice of Arbitration or Arbitration Agreement and filing fee by the Canadian Arbitration Association, the Canadian Arbitration Association shall provide the Parties with a list of three potential arbitrators. In the discretion of the Appointing Committee, the list of potential arbitrators may include more than three names. If the Parties are unable to agree on an arbitrator within three (3) Business Days of receipt of the list, each Party may, within a further two (2) Business Days, send to the Appointing Committee the name of one of the proposed arbitrators that the Party does not want to be appointed. The Appointing Committee will not choose an arbitrator eliminated by any Party. The Appointing Committee will then choose the arbitrator from the remaining names. If the remaining arbitrator(s) are not able to serve, the Appointing Committee will choose another arbitrator and appoint that person. 5.4 If three arbitrators are to be appointed, each Party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator or “Chair” of the Arbitral Tribunal. Rules 5.5 to 5.7 will then apply. 5.5 If within five (5) Business Days after the receipt of a Party’s notification of the appointment of an arbitrator, the other Party has not notified the first Party of the arbitrator he or she has appointed, the first Party may request the Appointing Committee to appoint the second arbitrator. 5.6 If within five (5) Business Days after the appointment of the second arbitrator, the two party-appointed arbitrators have not agreed on the choice of the presiding arbitrator, the pre...
Sample 1
Appointment of the arbitral tribunal. The arbitral tribunal shall be composed of three (3) arbitrator(s) if the Parties so agree. There shall be three arbitrators, one appointed by each Party and a third selected by the two arbitrators so appointed. Failing such agreement within a period of ten (10) days from the end of the conciliation process provided for in Clause 22.1 hereof, a sole arbitrator shall be appointed in accordance with the provisions of the Applicable Law.
Sample 1
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Related to Appointment of the arbitral tribunal

  • Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxx Xxxxxxxx

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case. ii. The arbitrator shall not have jurisdiction to alter or change the provisions of the Collective Agreement or to substitute new ones. iii. The provisions of this article do not override the provisions of the B.C.

  • Powers of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. a. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator shall have no power to establish salary scales or change any salary. c. The arbitrator shall have no power to rule on any of the following: i. The termination of services of or failure to re-employ any probationary teacher. ii. The failure to re-employ any teacher to a position on the extra-curricular schedule. iii. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher Tenure Act (Act IV of Public Acts, extra session, of 1937 of Michigan, as amended). iv. Any matter involving the evaluation of a non-classroom professional, unless it is a claim of failure to follow contractually agreed upon procedures. d. He/she shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule or any action taken by the District. His/her power shall be limited to deciding whether the District has violated the expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the District. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. f. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine the arbitrability of said dispute, except that either party reserves the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitration. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

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